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An Auckland criminal defence lawyer whose disorderly conduct landed him in the dock has escaped conviction, with a judge finding he was a victim of professional burnout.
While the man was on bail he was trespassed from the High Court at Rotorua after an incident with a security guard.
Andat his sentencing on Thursday, the lawyer’s outburst at a judge landed him half an hour in custody.
But that did not dissuade Judge Kate Davenport from granting the man a discharge without conviction and name suppression.
His case came to light amid mounting concerns about the mental wellbeing of lawyers due to rising workloads, new processes and procedures and a constant deluge of fresh cases.
The chief judges of the High Court and District Court took the unusual step in July of writing to all judges on the bench.
In their letter, the chief judges said professional leaders had told them lawyers were increasingly feeling as if they could not meet the needs of their clients given their workloads and the volume of cases in the courts.
“There is a fragility and tiredness across society which is reflected in legal practitioners,” their letter said.
Judge Davenport said given what she described as the man’s “acute burnout from stress”, the consequences of a conviction would outweigh the gravity of his offending.
The charges stem from a chaotic period in the experienced lawyer’s life around the end of 2022 and the start of this year. He walked along the front of his neighbours’ properties at his apartment complex, banging on their doors with a golf club.
Judge Kate Davenport, pictured during her time as president of the NZ Bar Association, granted the lawyer a discharge without conviction on disorderly conduct charges.
The man was later seen throwing various household items off his second-storey balcony.
Police laid two charges of disorderly behaviour under the Summary Offences Act, carrying potential penalties of a three-month prison term or a $2000 fine.
He pleaded guilty to both charges and appeared for sentence before Judge Davenport on Thursday morning in the Auckland District Court.
When he first entered the dock, issues emerged with the audio-visual link his lawyer, Thomas Harre, was using to appear from Christchurch.
“Would you mind if I go and have a cigarette while matters are sorted?” he asked the judge.
After his case was recalled about an hour later, Harre said burnout, anxiety and depression were all at play in his client’s troubles.
“It seems fairly apparent that this is what burnout looks like,” he said.
The stress of running a legal defence practice combined with the Covid-19 pandemic and issues with his chambers had created a “perfect storm” for the man, Harre said.
Harre said the man wanted to return to legal work. A police prosecutor raised two incidents since he was charged.
The first was the incident at the High Court at Rotorua that led to the trespass. Harre said his client had felt slighted by one of the security officers, sparking a conflict.
In another incident involving the man, this time outside a school, police were called but no charges were laid. The man said he “had a discussion with a woman about her driving”.
Partway through the hearing, the man became agitated in the dock, raising his voice as he addressed the judge.
“I would like to be free of all bail conditions, I would like the matter to be dealt with today so I can leave the court with no conditions,” he said.
“I have come to the court today expecting this matter to be dealt with at 10am ... I’ve just had enough.”
Judge Davenport ordered him to stand down in custody, saying he was not listening to her. When the man returned to the dock about half an hour later he apologised.
Judge Davenport expressed sympathy with the man.
“As another lawyer, I want to see [him] get the help he needs.”
Judge Davenport said she wanted to ensure the Law Society would only be considering matters related to his health - if and when he applies for a new practising certificate - rather than any convictions.
She discharged him without conviction and granted permanent name suppression on the grounds publication of his name would undermine the purpose of granting him the discharge.
George Block is an Auckland-based reporter with a focus on police, the courts, prisons and defence. He joined the Herald in 2022 and has previously worked at Stuff in Auckland and the Otago Daily Times in Dunedin.
